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Landlords & Managers

 
townhouse.JPGHave you been thinking about making your rental property smoke-free?

Do you manage an apartment complex or condominium association that is considering establishing a smoke-free policy?

Have your residents complained about secondhand smoke drifting into their units?

If you answered yes to any of these questions, you are not alone.

More and more landlords, property management companies and condominium associations are making their properties completely smoke-free. Many are doing this because they value the health of their residents; many want to reduce fire risk; and many are responding to the demand for smoke-free living. Just like prohibiting pets, landlords and associations can prohibit smoking. It is entirely legal.

Establishing a no smoking rule is simple. You can simply write into your leases "No Smoking anywhere on the property, including inside any apartment."  Or, utilize this sample No Smoking Lease Addendum when having existing tenants renew their leases, new tenants signing their leases, or for anyone paying month-to-month without a lease (on the day rent is due).  Condominium associations can make buildings completely smoke-free by securing a favorable vote of unit owners (typically 75%).  The rule can be implemented immediately or phased in over time.  Utilize these sample documents:  sample bylaw amendment and sample bylaw amendment for phase in approach.  Condominium associations can, without holding a vote of unit owners, make all common areas smoke-free. Use the attached sample no smoking rule for common areas and sample notice of no smoking rule for common areas.

Enforcement is far easier than you probably imagine. An overwhelming majority of residents, in Massachusetts and across the country, support smoke-free policies. Census data shows that 76% of Massachusetts residents already have smoke-free policies in their homes. (U.S. Centers for Disease Control and Prevention, 2007) A recent Massachusetts survey shows strong support for smoke-free multi-unit housing with 66% of tenants more interested in looking at property listings that are designated as entirely non-smoking.   Surveys in other parts of the country show consistent levels of support for smoke-free housing.  For example, in Maine, 90% of registered voters surveyed agree that people should be protected from secondhand smoke and nearly 75% of renters would prefer to live in smoke-free apartments. In Washington State, two-thirds of renters surveyed in 2003 preferred smoke-free housing. Smoke-free policies can help you attract new residents while also making your current residents happier. Click here to view surveys from around the country.

You are not alone.  Here is a list of organizations and companies who have signed the Smoke-Free Homes Resolution:

  • The American Lung Association in Massachusetts
  • The Asthma and Allergy Foundation of America, New England Chapter, Inc.
  • Beth Israel Deaconess Medical Center
  • Boston Housing Authority
  • Children's Hospital Boston
  • Commission on Affairs of the Elderly
  • The Medical Foundation
  • The Medical-Legal Partnership for Children
  • Parkside Commons

On this site you will find all of the information you will need to make your property smoke-free.

Already have a smoke-free building and want to attract new residents? Post your smoke-free units on our housing registry! Click here to create an account. 

The information and materials contained on this web site are for informational purposes only and should not be construed as legal advice, nor should they be a substitute for obtaining legal advice from a licensed attorney.
Boston Public Health Commission